Whatev-
er distinctions are judged necessary to be made in the
cases of those persons who have been in opposition to the
common cause, let them be made by legal authority, on a
fair construction of the treaty, consistent with national
faith and national honour.
er distinctions are judged necessary to be made in the
cases of those persons who have been in opposition to the
common cause, let them be made by legal authority, on a
fair construction of the treaty, consistent with national
faith and national honour.
Hamilton - 1834 - Life on Hamilton - v2
As peace had not yet been concluded,
his proposal at that time was of a limited nature. The
termination of hostilities no longer afforded a reason for
secret proceedings, while the course of the recent discus-
sions the more convinced him of the great importance of
their deliberations being public. To effect this, a resolu-
tion was offered,* which he seconded, declaring that open
debate should be the rule of the house, and secrecy the ex-
ception. This proposed change was founded on a decla-
ration "of the importance, in every free country, that the
conduct and sentiments of those to whom the direction of
public affairs is committed, should be publicly known. " A
motion to postpone this question--connected with an assu-
rance that when congress should have a fixed place of resi-
dence, uninfluenced by any particular state, that then this
principle should be adopted--was rejected, and the main
proposition was negatived by a large majority. f Immedi-
ately after the passage of the revenue act, Hamilton devo-
ted his attention to his duties as chairman of the military
committee. On the first of May he submitted a report
for the reduction of the corps of invalids. It provided full
pay for life to all seriously disabled officers; directing the
establishment of an hospital for all the non-commissioned
officers and soldiers who were proper subjects for it, to be
supported for life, granting to them in the mean time their
rations and clothing, and entitling them to participate in
any other beneficiary provisions which might be made for
the army. Hitherto the army had only received an assu-
rance of present pay. The financier was without funds,
and no early revenue from taxes was to be anticipated. The
* By James Wilson.
t The affirmatives were, Bland, Fitzsimmons, Gorham, Hamilton, Wilson.
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? HAMILTON.
189
only resources were a compliance with the late requisition
and a loan. On the second of May, Hamilton brought for-
ward a resolution on these subjects.
It recited "the indispensable necessity of making the
army, when reduced, an advance of pay before they leave
the field; and as there are many other engagements for
which the public faith is pledged, that the states be called
upon, in the most solemn manner, to make every effort for
the collection of taxes; and that congress confidently rely,
for an immediate and efficacious attention to the present
requisition, upon the disposition of their constituents, not
only to do justice to those brave men who have suffered
and sacrificed so much in the cause of their country,
and whose distresses must be extreme, should they be
sent from the field without a payment of a part of
their well-earned dues; but also to enable congress to
maintain the faith and reputation of the United States,
both which are seriously concerned in relieving the neces-
sities of a meritorious army and fulfilling the public stipu-
lations. That the superintendent of finance be directed to
make the necessary arrangements for carrying the views
of congress into execution; and that he be assured of their
firm support towards fulfilling the engagements he has
already taken or may take on the public account during
his continuance in office; and that a further application
should be made to the king of France for an additional
loan of three millions of livres. "
Anxious that no effort should be omitted for the fulfil-
ment of the pledges given by congress to apportion to the
troops specific quantities of land, he prepared a resolution
"that a committee should be appointed to consider of the
best manner of carrying into execution the engagements
of the United States for certain allowances of land to the
army at the conclusion of the war. " This subject was
referred to a grand committee, bv which, after frequent
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THE LIFE OF
deliberations, a report framed by Hamilton was adopted,
which declared that until the lands should be located and
surveyed, that certificates should be given to the officers
and soldiers as evidences of their claims, and also to the
representatives of those who had fallen in the service.
The apprehensions which Washington had expressed of
the excited feelings of the army were strongly participated
in by congress, and a resolution was offered to discharge
that part of it which had been enlisted during the war.
Hamilton's failure to establish* the immediate execution
of the provisional articles, induced him to propose a cau-
tionary substitute. The commander-in-chief was instruct-
ed to grant furloughs to the soldiers enlisted for the war,
with an assurance of their discharge on the conclusion of
the definitive treaty, and that measures would be taken
that they should be conducted to their homes in a manner
most convenient to themselves, and to the states through
which they may pass, and should "be allowed to take their
arms with them ;"f a deserved tribute, which had been
suggested in the camp.
The dissatisfaction of the troops was a subject of con-
stant solicitude to Washington. He addressed congress
on the subject. Hamilton moved that a copy of his letter
should be transmitted to the states, and that they should
be urged to facilitate the punctual payment of the notes
issued to the army. So constant and pressing were the
calls of congress, and such the remissness of the states.
, Hamilton now directed his attention to the removal of
all obstacles to the execution of the treaty, and to measures
for the security of the frontiers.
In reference to the first object, he proposed a remon-
stranceJ to the British government as to the deportation
of the negroes, asking reparation for the injury. While
* May 28. t 4 J. C. 224. t May 30.
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? HAMILTON.
191
demanding of England the fulfilment of her engagements,
he was the more anxious to provide against any infractions
by the United States; and with this view he introduced a
report, which was followed by an important resolution.
This resolution required the removal of all obstructions by
the states to the recovery of debts; the restitution of all
confiscated property on receiving an equivalent; and the
discontinuance of all confiscations, as due " to that spirit
of moderation and liberality which ought ever to charac-
terize the deliberations and measures of a free and enlight-
ened nation. " Previous mention has been made of the
different views of other leading individuals. They are
strongly shown in the report of Madison to the preceding
congress, on the terms of a treaty with England.
The violence already displayed by the citizens of New-
York towards the tories, and the unwise legislation of that
state, probably induced Hamilton's early attention to this
subject. On a division of the house, he alone voted*
against the commitment of the report, so urgent was his
sense of the policy and duty of fulfilling the provisional -
articles. Immediately after this vote, resolutions of Vir-
ginia of the seventeenth December previous, directing the
commissioners at Paris " neither to agree to any restitution
of property confiscated by the state, nor to submit that the
laws made by any independent state of this union be sub-
jected to the adjudication of any power or powers on earth"
were considered. These resolutions, if regarded, would have
prevented the conclusion of that article of the preliminary
treaty, which provided against any lawful impediment be-
ing interposed to the creditors on either side recovering the
full value, in sterling money, of all bona fide debts contract-
ed before the war. Congress resolvedf that this stipulation
* 1 Mad. 456. --Madison says, "the report being fmally committed nem.
con. M but see 4 J. C. p. 225, and 3 S. J. p. 358. t May 30.
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THE LIFE OF
could not be retracted " without a violation of the national
faith, and that the honour and interest of these United
States require it should be substantially complied with. "
At the instance of Pennsylvania, a resolution was passed
on the same day instructing the negotiators to endeavour
to amend the treaty so as to defer any execution for debts
contracted previous to the war for a period of three years,
and declaring their opinion that demands for interest accru-
ing during the war would be highly inequitable and unjust.
Apprehensive lest the acts which had already taken
place might prevent the conclusion of the definitive treaty,
after the interval of a day Hamilton wrote to Clinton re-
capitulating the general arguments in favour of clemency,
and enforcing them by a view of the peculiar and strong
interests of the state he represented.
HAMILTON TO GOVERNOR CLINTON.
Philadelphia, June 1, 1783.
SIR,
In my last letter to your excellency, I took occasion to
mention that it was of great importance to the state, at
this time, to have a representation here, as points in which,
by its present situation, it is particularly interested, are
daily and will be daily agitated. It is also of importance
at this moment to the United States, not only from general
considerations, but because we have a very thin represen-
tation in congress, and are frequently unable to transact
any of those matters which require nine states. I wish
your excellency would urge two gentlemen to come on,
as it becomes highly inconvenient to me to remain here,
and as I have staid the full time to be expected.
I observe with great regret the intemperate proceed-
ings among the people in different parts of the state; in
violation of a treaty, the faithful observance of which so
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? HAMILTON.
193
deeply interests the people of the United States. Surely,
the state of New-York, with its capital and its frontier
posts (on which its important fur trade depends) in the
hands of the British troops, ought to take care that noth-
ing is done to furnish a pretext on the other side, even for
delaying, much less for resisting the execution of the trea-
ty. We may imagine that the situation of Great Britain
puts her under the necessity, at all events, of fulfilling her
engagements, and cultivating the good-will of this country
This is, no doubt, her true policy; but when we feel that
passions make us depart from the true dictates of reason--
when we have seen that passion has had so much influence
in the conduct of the British in the whole course of the
war--when we recollect that those who govern them are
men like ourselves, and alike subject to passions and re-
sentments--when we reflect, also, that all the great men
in England are not united in the liberal scheme of policy
with respect to this country, and that in the anarchy
which prevails, there is no knowing to whom the reins of
government may be committed--when we recollect how
little in a condition we are to enforce a compliance with
our claims--we ought certainly to be cautious in what
manner we act, especially when we in particular have so
much at stake, and should not openly provoke a breach of
faith on the other side by setting the example.
An important distinction is not sufficiently attended to.
The fifth article is recommendatory; the sixth positive,--
there is no option on the part of the particular states, as
to any future confiscations, persecutions, or injuries of any
kind, to person, liberty, or property, on account of any
thing done in the war. It is matter of discretion in the
states, whether they will comply with the recommenda-
tions contained in the fifth article; but no part of the sixth
can be departed from by them, without a direct breach
of public faith and of the confederation. The power
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THE LIFE OF
of making treaties, is exclusively lodged in congress. That
power includes whatever is essential to the termination of
the war and to the preservation of the general safety.
Indemnity to individuals in similar cases, is an usual stipu-
lation in treaties of peace, of which many precedents are
to be produced.
Should it be said that the associations of the people
without legal authority do not amount to a breach of the
public faith; the answer is, if the government does not
redress them, and prevent their having this effect, it is as
much a breach as a formal refusal to comply on its part.
In the eye of a foreign nation, if our engagements are bro-
ken, it is of no moment whether it is for the want of good
intention in the government or for want of power to re-
strain its subjects. Suppose a violence committed by an
American vessel on the vessel of another nation upon the
high seas; and, after complaint made, there is no redress
given, is not this an hostility against the injured nation,
which will justify reprisals?
But, if I am not misinformed, there are violations going
on in form of law. I am told that indictments continue to
be brought under the former confiscation laws, in palpable
infraction, if true, of the sixth article of the treaty; to
which an immediate stop ought, no doubt, to be put.
It has been said by some men that the operation of this
treaty is suspended till the definitive treaty: a plain sub-
terfuge. * Whatever is clearly expressed in the provision-
al or preliminary treaty, is as binding from the moment it
is made as the definitive treaty, which in fact only de-
* Madison Papers, vol. 1, p. 444. Yet Madison says, "Mi. Hamilton ac-
knowledged that he began to view the obligation of the provisional treaty in
a different light, and in consequence, wished to vary the direction of the
commander-in-chief from a positive to a preparatory one; as his motion on
the Journal states. "--The real motive to that proposed variance has been suf-
ficiently shown.
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? HAMILTON.
195
velops, explains, and fixes more precisely what may have
been too generally expressed in the former. Suppose the
British should now send away not only the negroes, but
all other property, and all the public records in their pos-
session belonging to us, on the pretence above stated;
should we not justly accuse them with breaking faith? Is
not this already done in the case of the negroes who have
been carried away, though founded upon a very different
principle, a doubtful construction of the treaty, not a de-
nial of its immediate operation. In fine, is it our interest to
advance this doctrine, and to countenance the position,
that nothing is binding till the definitive treaty, when there
are examples of years intervening between preliminary
and definitive treaties?
Sir Guy Carleton in his correspondence has appeared to
consider the treaty as immediately obligatory, and it has
been the policy which I have preferred, to promote the
same idea. I am not indeed apprehensive of a renewal of
the war, for peace is necessary to Great Britain; I think
it also most probable her disposition to conciliate this coun
try will outweigh the resentments which a breach of our
engagements is calculated to inspire. But with a treaty
which has exceeded the hopes of the most sanguine, which
in the articles of boundary and of the fisheries is even bet-
ter than we asked, circumstanced as this country is with re-
spect to the means of making war, I think it the height of
imprudence to run any riski Great Britain, without re
commencing hostilities, may evade parts of the treaty.
She may keep possession of the frontier posts. She may
obstruct the free enjoyment of the fisheries. She may be
indisposed to such extensive concessions in matters of com-
merce as it is our interest to aim at. In all this she would
find no opposition from any foreign power, and we are
not in a condition to oblige her to any thing.
If we imagine that France, obviously embarrassed her-
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THE LIFE OF
self in her finances, would renew the war to oblige Great
Britain to the restoration of our frontier posts, or to a
compliance with the stipulations respecting the fisheries,
(especially after a manifest breach of the treaty on our
part,) we speculate much at random. Observations might
be made on the last article which would prove that it is
not the policy of France to support our interests there.
Are we prepared, for the mere gratification of our re-
sentments, to put these great national objects at hazard--to
leave our western frontier in a state of insecurity--to re-
linquish the fur trade, and to abridge our pretensions to
the fisheries?
Do we think national character so light a thing, as to be
willing to sacrifice the public faith to individual animosity?
Let the case be fairly stated. Great Britain and Ameri-
ca, two independent nations at war--the former in pos-
session of considerable posts and districts of territory be-
longing to the latter, and also of the means of obstructing
certain commercial advantages in which it is deeply inter-
ested.
It is not uncommon in treaties of peace for the uti possi-
detis to take place. Great Britain, however, in the present
instance stipulates to restore all our posts or territory in
her possession. She even adds an extent not within our
original limits, more than a compensation for a small part
ceded in another quarter. She agrees to readmit us to a
participation in the fisheries. What equivalent do we
give for this? Congress are to recommend the restora-
tion of property to those who have adhered to her, and
expressly engage that no future injury shall be done them
in person, liberty, or property.
This is the sole condition on our part where there is not
an immediate reciprocity, (the recovery of debts and liber-
ation of prisoners being mutual;) the former indeed is only
declaring what the rights of private faith, which all civil-
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? ITAMILTON.
197
ized nations hold sacred, would have dictated without it,
and stands as the single equivalent for all the restitutions
and concessions to be made by Great Britain. Will it be
honest in us to violate this condition, or will it be prudent
to put it in competition with all the important matters to
be performed on the other side? Will foreign nations be
willing to undertake any thing with us or for us, when
they find that the nature of our government will allow no
dependance to be placed upon our engagements?
I have omitted saying any thing of the impolicy of in-
ducing, by our severity, a great number of useful citizens,
whose situations do not make them a proper object of re-
sentment, to abandon the country, to form settlements that
will hereafter become our rivals, animated with a hatred to
us which will descend to their posterity. Nothing, however,
can be more unwise than to contribute, as we are doing, to
people the shores and wilderness of Nova Scotia, a colony,
which, by its position, will become a competitor with us,
among other things, in that branch of commerce on which
our navigation and navy will essentially depend--I mean
the fisheries, in which I have no doubt the state of New
York will hereafter have a considerable share.
To your excellency I freely deliver my sentiments, be-
cause I am persuaded you cannot be a stranger to the
force of these considerations. I fear not even to hazard
them to the justice and good sense of those I have the hon-
our to represent. I esteem it my duty to do it, because the
question is important to, the interests of the state, in its re-
lation to the United States.
Those who consult only their passions, might choose to
construe what I say as too favourable to a set of men who
have been the enemies of the public liberty; but those for
whose esteem I am most concerned, will acquit me of any
personal considerations, and will perceive that I only urge
the cause of national honour, safety, and advantage. We
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THE LIFE OF
have assumed an independent station, we ought to feel and
to act in a manner consistent with the dignity of that
station.
I anxiously wish to see every prudent measure taken to
prevent those combinations which will certainly disgrace
us, if they do not involve us in other calamities.
Whatev-
er distinctions are judged necessary to be made in the
cases of those persons who have been in opposition to the
common cause, let them be made by legal authority, on a
fair construction of the treaty, consistent with national
faith and national honour.
P. S. --Your excellency will have been informed that
congress have instructed General Washington to garrison
the frontier posts, when surrendered, with the three years
continental troops. This is more for the interest of the
state than to have them garrisoned at its particular ex-
pense; and I should wish that permanent provision might
be made on the same principles. I wait to see whether
any continental peace establishment for garrisons will take
place, before I engage the consent of congress to a sepa-
rate provision. I cannot forbear adding a word on the
subject of money. The only reliance we now have for
redeeming a large anticipation on the public credit, already
made and making for the benefit of the army, is on the tax-
es coming in. The collection hitherto is out of all propor-
tion to the demand. It is of vast consequence at this
juncture that every thing possible should be done to for-
ward it. I forbear entering into details which would be
very striking on this subject. I will only say, that unless
there is a serious exertion in the states, public credit must
ere long receive another shock, very disagreeable in its
consequences, &c. "
It has been observed that the territorial controversy be-
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? HAMILTON.
199
tween New-York and the people of Vermont had remain-
ed, at the commencement of this congress, unadjusted.
Congress had never acted with decision on this subject.
New-England, with the exception of New-Hampshire, was
in favour of the disaffected party. Some of its leading men
denied the right of congress to interfere; most doubted
the expediency. The four states south of New-York also
favoured their pretensions. She was only sustained by
the southern states--jealous of the east--unwilling to ad-
mit into the union another small state to enjoy equal politi-
cal weight, and to have a voice in respect to their western
claims. But New-York entertained no doubt of her rights,
and looked with extreme jealousy on any interference with
them. Several individuals who acknowledged their alle-
giance to her had been banished by Vermont, and their es-
tates confiscated. This procedure was brought before
congress on the fifth of December, by a resolution second-
ed by Hamilton, declaring it to be "highly derogatory to
the authority of the United States, and dangerous to the
confederacy;" requiring restitution of the confiscated
property, and pledging themselves to enforce it. After
several proposed modifications, it passed. The only object
of this resolution was to prevent hostile collisions until
the question of jurisdiction should be settled, or at least
until the termination of the war. But the enforcement of
it would be extremely difficult in a country of mountains
and defiles, by troops, most of whom were from the eastern
states, and all averse to such a conflict. When Hamilton
proposed this resolution, he had recently taken his seat in
congress, and was uninformed of the diversity of the views
entertained by its members on this subject. As soon as
he ascertained the true position of the question, he wrote
to Clinton suggesting a compromise. The governor repli-
ed that the prevailing opinion of the state was, that a par-
tial compromise would be improper, as congress had en-
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gaged to make a final decision of the controversy. He
thought, however, that if the summit of the mountains
should be designated by them as the boundary, New-York
would submit to it " for the sake of peace. "
Hamilton again adverted to this subject:--
"A few days since I was honoured with your excellen-
cy's letter of the , and was glad to find your ideas
on the subject corresponded with mine. As I shall in a
day or two take leave of Congress, I think it my duty to
give my opinion to the legislature in a matter of impor-
tance to the state, which has been long depending, and
is still without a prospect of termination, in the train in
which it has been placed. I mean the affair of the grants.
It is hazardous to pass a positive judgment on what will
happen in a body so mutable as that of congress; but from
all I have seen, I have come to a settled opinion, that no
determination will be taken and executed by them in any
other manner than in that prescribed by the confedera-
tion. There is always such a diversity of views and inter-
ests, so many compromises to be made between different
states, that in a question of this nature, the embarrassments
of which have been increased by the steps that have pre-
ceded, and in which the passions of the opposite sides have
taken a warm part, decision must be the result of neces-
sity. While congress have a discretion, they will procras-
tinate; when they are bound by the constitution, they
must proceed.
"It is therefore my opinion that it will be advisable for
the legislature, when they meet, to revive the question, and
either to relinquish their pretensions to the country in dis-
pute, or to instruct their delegates, if a decision is not had
within a limited time, to declare the submission to con-
gress revoked, and to institute a claim according to the
principles of the confederation. It would be out of my
province to discuss which side of the alternative ought, in
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? HAMILTON. 201
policy, to prevail; but I will take the liberty to observe,
that if the last should be preferred, it would be expedient
to remove every motive of opposition from private claims,
not only by confirming in their full latitude, previous to the
trial, the possessions of the original settlers, but even the
grants of the usurped government. It may happen that it
will be eventually necessary to employ force; and in this
case, it would be of great importance that neither the in-
habitants of the grants, nor powerful individuals in other
states, should find their private interest in contradiction to
that of the state. This has already had great influence in
counteracting our wishes, would continue to throw impedi-
ments in the way of ulterior measures, and might at last
kindle a serious flame between the states.
"I communicated to your excellency in a former letter,
that I had declined pressing the application of the legisla-
ture to congress respecting the state troops for garrison-
ing the frontier posts, because temporary provision had
been made in another way, which would save the state
the immediate expense; and because there was a prospect
of some general provision for the defence of the frontiers,
on a continental establishment, which was to be preferred
on every account. A report for this purpose is now be-
fore congress, but the thinness of the representation has for
some time retarded, and still retards its consideration.
The definitive treaty has not yet arrived, but from accounts
which, though not official, appear to deserve credit, it may
daily be expected. A gentleman known and confided in
has arrived at Philadelphia, who informs that he saw a
letter from Dr. Franklin to Mr. Barkely, telling him that
the definitive treaties were signed the seventh of May, be-
tween all the parties; that New York was to be evacuated
in six months from the ratification of the preliminaries in
Europe, which will be the twelfth or fifteenth of next
month.
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? 202 THE LIFE OF
"As it is not my intention to return to congress, I take
this opportunity to make my respectful acknowledgments
to the legislature, for the honourable mark of confidence
conferred upon me by having chosen me to represent the
state in that body. I shall be happy if my conduct has
been agreeable to them. "
During the various progressive steps towards the estab-
lishment of a national revenue, and the adjustment of the
claims of the army, Colonel Hamilton's attention had also
been directed to other matters of permanent interest.
Soon after his appointment as chairman of the military
committee, he took into view a branch of the service,
which, from the amount of the expenditure, its connection
with the comforts of the army, and its previous inefficien-
cy, was a subject of prominent importance--the Quarter-
master-general's Department.
The difficulties attendant upon a proper establishment
for the military supplies, have been frequently adverted
to. While a member of the committee of co-operation,
General Schuyler had, after urging General Greene to con-
tinue at the head of this department, strenuously pressed
the adoption of a plan framed by Hamilton, stating in a
letter to congress, " that the business should be prosecuted
in the most spirited manner, and upon the largest estimate. "
This plan was not adopted; frequent modifications of the
system were made, the last on the twenty-eighth October,
seventeen hundred and eighty-two. This drew from the
quartermaster-general a letter, setting forth the necessity
of a change.
Hamilton framed a new organization, gave to the quar-
termaster-general the appointment of all the officers be-
longing to this department, designated them, defined their
compensation, specified the means of transportation to be
allotted to each rank in the army, and their respective
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? HAMILTON.
203
forage and subsistence, providing checks upon the is-
sues.
In consequence of a letter from the president of the
state of Pennsylvania respecting a peace with the Indians,
he framed a report in which--after reciting that by the
ninth article of the confederation the sole and exclusive
right and power of regulating the trade and managing all
the affairs with the Indians, not members of any of the
states, was in the United States--it was declared that the
superintendence of Indian affairs should be annexed to
the department of war. That there should be an immedi-
ate suspension of hostilities with them, and that four agents,
one for each of four districts, embracing the eastern, nor-
thern, southern, and western Indians, should be appointed
to negotiate treaties. Lest the exercise of this power
should be interpreted into a waiver of any rights, a pro-
viso was added that the preceding measures of congress
shall not be construed to affect the territorial claims of any
of the states, or their legislative rights, within their re-
spective limits. *
He also, as chairman of the committee on peace ar-
rangements, sensible of the great importance of arranging
the executive departments, drew a report in relation to the
department of foreign affairs- f
It provided that the secretary of that department should
be considered as the head of the diplomatic corps. To re-
move any doubts which may have existed as to the nature
of the office, it was declared to be his duty to lay before
congress such plans for conducting the political and com-
mercial intercourse of the United States with foreign na-
tions, as might appear to him conducive to their interest.
He was to be entitled to the same salary and allowances as
were provided for a minister at a foreign court, and to
? April 21.
t May 8.
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have an official secretary to be nominated by himself, to
receive the same compensation as a secretary of an em-
bassy. The compensation of each minister was also spe-
cified. He was to be invested with consular powers, and
to be at the same time consul-general in the country
where he resided; having the control of all vice-consuls
or inferior commercial agents, but not to be at liberty to
engage directly or indirectly in any traffic. Vice-consuls
were to be appointed without salaries, but with permission
to trade.
The secretary of foreign affairs, in order to carry this
plan into effect, was directed to prepare and lay before
congress an ordinance for regulating the consular powers
and privileges, and a plan of a convention to be entered
into with foreign powers for that purpose.
A proposition was also at this time introduced* which
has a grateful aspect amid the serious responsibilities inci-
dent to war.
During the previous year, General Schuyler offered a
resolution in the legislature of New-York to secure copy-
rights to authors and publishers. A recommendation was
now made to the states to secure this right for fourteen
years, renewable for a similar term.
Hamilton had, at an early period, expressed the opinion,
that in " the existing constitution an army was essential to
the American union. " It was not less important as a se-
curity against foreign aggression, than as a necessary mean
of preserving domestic tranquillity.
It has been seen that he had invited Washington to com-
municate his views as to a peace establishment. A reply
was received from him, containing a memorial and sugges-
tions from different officers of the general staff, and re-
minding congress of the necessity of occupying the posts
* By Dr. H. Williamson.
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? HAMILTON.
205
the moment they were evacuated. In his late letter to the
governor of New-York, Hamilton had informed him that
a report of a plan for a continental peace establishment
was then before them. The draft of this report, in his
hand, exists among his papers. It was prefaced by the
following important observations.
"Before any plan with propriety can be determined for
a military peace establishment, it is necessary to ascertain
what powers exist for that purpose in the confederation.
"First--By the fourth clause of the sixth article it is de-
clared, that no vessels of war shall be kept up by any state,
in time of peace, except such number only as shall be
deemed necessary by the United States, in congress assem-
bled, for the defence of such state or its trade; nor shall
any body of forces be kept up by any state in time of
peace, except such number only as in the judgment of the
United States, in congress assembled, shall be deemed re-
quisite to garrison the posts necessaiy for the defence of
such state.
"Secondly--By the fifth clause of the ninth article, the
United States, in congress assembled, are empowered gene-
rally (and without mention of peace or war) to build and
equip a navy, to agree upon the number of land forces,
and to make requisitions from each state for its quota, in
proportion to the number of white inhabitants in each
state, which requisition shall be binding; and thereupon the
legislature of each state shall appoint the regimental offi-
cers, raise the men, and clothe, arm, and equip them in a
soldier-like manner, at the expense of the United States;
and the officers and men so clothed, armed, and equipped,
shall march to the place appointed, and within the time
agreed on by the United States, in congress assembled.
"Thirdly--By the fourth clause of the same article, the
United States are empowered to appoint all officers of the
land forces in the service of the United States, excepting
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THE LIFE OF
regimental officers, to appoint all officers of the naval
forces, and to commission all officers whatever in the ser-
vice of the United States, making rules for the govern-
ment and regulation of the said land and naval forces, and
directing their operations.
"It appears to the committee that the terms of the first
clause are rather restrictive on the particular states, than
directory to the United States; intended to prevent any
state from keeping up forces, land or naval, without the
approbation and sanction of the union, which might en-
danger its tranquillity and harmony, and not to contravene
the positive power vested in the United States by the
subsequent clauses, or to deprive them of the right of
taking such precautions as should appear to them essential
to the general security. A distinction that this is to be
provided for in time of war by the forces of the union, in
time of peace by those of each state, would involve, beside
other inconveniences, this capital one--that when the forces
of the union should become necessary to defend its rights,
and repel any attacks upon them, the United States would
be obliged to begin to create, at the very moment they
would have occasion to employ, a fleet and army. They
must wait for an actual commencement of hostilities before
they would be authorized to prepare for defence, to equip
a single regiment, or to build a single ship.
"When it is considered what a length of time is requisite
to levy and form an army, and still more to build and equip
a navy, which is evidently a work of leisure and of peace,
requiring a gradual preparation of the means, there cannot
be presumed so improvident an intention in the confeder-
ation, as that of obliging the United States to suspend all
provision for the common defence until a declaration of
war, or an invasion. If this is admitted, it will follow that
they are at liberty to make such establishments in time of
peace as they shall judge requisite to the common (safety.
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? HAMILTON.
207
"This is a principle of so much importance in the appre-
hension of the committee to the welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it will, in their opinion, be proper to ad-
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shall declare a different interpretation.
"The committee, however, submit to congress (in con-
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac-
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the several states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
"The committee are of opinion, if there is a constitu-
tional power in the United States for that purpose, that
there are conclusive reasons in favour of federal in pre-
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionally ascertained--territory
appertaining to the United States not within the original
claim of any of the states--the navigation of the Missis-
sippi, and of the lakes--the rights of the fisheries, and
of foreign commerce; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
"Secondly--The fortifications proper to be established
ought to be constructed with relation to each other, on a
general and well-digested system, and their defence should
be calculated on the same principles. This is equally im-
portant in the double view of safety and economy. If
this is not done under the direction of the United States,
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? 208 THE LIFE OF
each state following a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support; that they will be improperly distributed, and
more numerous than is necessary, as well as less efficacious,
of course more easily reduced, and more extensive both in
the construction and defence.
"Thirdly--It happens that, from local circumstances,
particular states, if left to take care of themselves, would be
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum-
stance inconvenient to them and to the United States: to
them, because it would impose a heavy exclusive burden,
in a matter the benefit of which will be immediately shared
by their neighbours, and ultimately by the states at large;
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un-
willing as well as unable to make such effectual provision,
at its particular expense, as the common welfare requires;
because a single state, from the peculiarity of its situation,
will in a manner keep the keys of the United States; be-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be-
tween the whole.
"Fourthly--It is probable that a provision by the Uni-
ted States of the forces necessary to be kept up will be
made upon a more systematic and economical plan, than a
provision by the states separately; especially as it will be
of importance, as soon as the situation of affairs will per-
mit, to establish foundries, manufactories of arms, pow-
der, &c. , by means of which, the labour of part of the
troops applied to this purpose will furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
"Fifthly--There must bo a corps of artillery and engi-
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? HAMILTON.
209
neers kept on foot in time of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential Branch; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in time of peace, as it will be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti-
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
"Sixthly--It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the committee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that some military establish-
ment is indispensable, but that it ought in all respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter submit-
ted, on considerations of economy is less extensive than
proposed by either of them. "
This report contemplated a Peace establishment of four
regiments of infantry, and one of artillery, with two addi-
tional battalions to be incorporated in a corps of engi-
neers, and a regiment of dragoons. Its details will be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a more
certain and a more frugal mode.
his proposal at that time was of a limited nature. The
termination of hostilities no longer afforded a reason for
secret proceedings, while the course of the recent discus-
sions the more convinced him of the great importance of
their deliberations being public. To effect this, a resolu-
tion was offered,* which he seconded, declaring that open
debate should be the rule of the house, and secrecy the ex-
ception. This proposed change was founded on a decla-
ration "of the importance, in every free country, that the
conduct and sentiments of those to whom the direction of
public affairs is committed, should be publicly known. " A
motion to postpone this question--connected with an assu-
rance that when congress should have a fixed place of resi-
dence, uninfluenced by any particular state, that then this
principle should be adopted--was rejected, and the main
proposition was negatived by a large majority. f Immedi-
ately after the passage of the revenue act, Hamilton devo-
ted his attention to his duties as chairman of the military
committee. On the first of May he submitted a report
for the reduction of the corps of invalids. It provided full
pay for life to all seriously disabled officers; directing the
establishment of an hospital for all the non-commissioned
officers and soldiers who were proper subjects for it, to be
supported for life, granting to them in the mean time their
rations and clothing, and entitling them to participate in
any other beneficiary provisions which might be made for
the army. Hitherto the army had only received an assu-
rance of present pay. The financier was without funds,
and no early revenue from taxes was to be anticipated. The
* By James Wilson.
t The affirmatives were, Bland, Fitzsimmons, Gorham, Hamilton, Wilson.
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? HAMILTON.
189
only resources were a compliance with the late requisition
and a loan. On the second of May, Hamilton brought for-
ward a resolution on these subjects.
It recited "the indispensable necessity of making the
army, when reduced, an advance of pay before they leave
the field; and as there are many other engagements for
which the public faith is pledged, that the states be called
upon, in the most solemn manner, to make every effort for
the collection of taxes; and that congress confidently rely,
for an immediate and efficacious attention to the present
requisition, upon the disposition of their constituents, not
only to do justice to those brave men who have suffered
and sacrificed so much in the cause of their country,
and whose distresses must be extreme, should they be
sent from the field without a payment of a part of
their well-earned dues; but also to enable congress to
maintain the faith and reputation of the United States,
both which are seriously concerned in relieving the neces-
sities of a meritorious army and fulfilling the public stipu-
lations. That the superintendent of finance be directed to
make the necessary arrangements for carrying the views
of congress into execution; and that he be assured of their
firm support towards fulfilling the engagements he has
already taken or may take on the public account during
his continuance in office; and that a further application
should be made to the king of France for an additional
loan of three millions of livres. "
Anxious that no effort should be omitted for the fulfil-
ment of the pledges given by congress to apportion to the
troops specific quantities of land, he prepared a resolution
"that a committee should be appointed to consider of the
best manner of carrying into execution the engagements
of the United States for certain allowances of land to the
army at the conclusion of the war. " This subject was
referred to a grand committee, bv which, after frequent
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THE LIFE OF
deliberations, a report framed by Hamilton was adopted,
which declared that until the lands should be located and
surveyed, that certificates should be given to the officers
and soldiers as evidences of their claims, and also to the
representatives of those who had fallen in the service.
The apprehensions which Washington had expressed of
the excited feelings of the army were strongly participated
in by congress, and a resolution was offered to discharge
that part of it which had been enlisted during the war.
Hamilton's failure to establish* the immediate execution
of the provisional articles, induced him to propose a cau-
tionary substitute. The commander-in-chief was instruct-
ed to grant furloughs to the soldiers enlisted for the war,
with an assurance of their discharge on the conclusion of
the definitive treaty, and that measures would be taken
that they should be conducted to their homes in a manner
most convenient to themselves, and to the states through
which they may pass, and should "be allowed to take their
arms with them ;"f a deserved tribute, which had been
suggested in the camp.
The dissatisfaction of the troops was a subject of con-
stant solicitude to Washington. He addressed congress
on the subject. Hamilton moved that a copy of his letter
should be transmitted to the states, and that they should
be urged to facilitate the punctual payment of the notes
issued to the army. So constant and pressing were the
calls of congress, and such the remissness of the states.
, Hamilton now directed his attention to the removal of
all obstacles to the execution of the treaty, and to measures
for the security of the frontiers.
In reference to the first object, he proposed a remon-
stranceJ to the British government as to the deportation
of the negroes, asking reparation for the injury. While
* May 28. t 4 J. C. 224. t May 30.
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? HAMILTON.
191
demanding of England the fulfilment of her engagements,
he was the more anxious to provide against any infractions
by the United States; and with this view he introduced a
report, which was followed by an important resolution.
This resolution required the removal of all obstructions by
the states to the recovery of debts; the restitution of all
confiscated property on receiving an equivalent; and the
discontinuance of all confiscations, as due " to that spirit
of moderation and liberality which ought ever to charac-
terize the deliberations and measures of a free and enlight-
ened nation. " Previous mention has been made of the
different views of other leading individuals. They are
strongly shown in the report of Madison to the preceding
congress, on the terms of a treaty with England.
The violence already displayed by the citizens of New-
York towards the tories, and the unwise legislation of that
state, probably induced Hamilton's early attention to this
subject. On a division of the house, he alone voted*
against the commitment of the report, so urgent was his
sense of the policy and duty of fulfilling the provisional -
articles. Immediately after this vote, resolutions of Vir-
ginia of the seventeenth December previous, directing the
commissioners at Paris " neither to agree to any restitution
of property confiscated by the state, nor to submit that the
laws made by any independent state of this union be sub-
jected to the adjudication of any power or powers on earth"
were considered. These resolutions, if regarded, would have
prevented the conclusion of that article of the preliminary
treaty, which provided against any lawful impediment be-
ing interposed to the creditors on either side recovering the
full value, in sterling money, of all bona fide debts contract-
ed before the war. Congress resolvedf that this stipulation
* 1 Mad. 456. --Madison says, "the report being fmally committed nem.
con. M but see 4 J. C. p. 225, and 3 S. J. p. 358. t May 30.
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THE LIFE OF
could not be retracted " without a violation of the national
faith, and that the honour and interest of these United
States require it should be substantially complied with. "
At the instance of Pennsylvania, a resolution was passed
on the same day instructing the negotiators to endeavour
to amend the treaty so as to defer any execution for debts
contracted previous to the war for a period of three years,
and declaring their opinion that demands for interest accru-
ing during the war would be highly inequitable and unjust.
Apprehensive lest the acts which had already taken
place might prevent the conclusion of the definitive treaty,
after the interval of a day Hamilton wrote to Clinton re-
capitulating the general arguments in favour of clemency,
and enforcing them by a view of the peculiar and strong
interests of the state he represented.
HAMILTON TO GOVERNOR CLINTON.
Philadelphia, June 1, 1783.
SIR,
In my last letter to your excellency, I took occasion to
mention that it was of great importance to the state, at
this time, to have a representation here, as points in which,
by its present situation, it is particularly interested, are
daily and will be daily agitated. It is also of importance
at this moment to the United States, not only from general
considerations, but because we have a very thin represen-
tation in congress, and are frequently unable to transact
any of those matters which require nine states. I wish
your excellency would urge two gentlemen to come on,
as it becomes highly inconvenient to me to remain here,
and as I have staid the full time to be expected.
I observe with great regret the intemperate proceed-
ings among the people in different parts of the state; in
violation of a treaty, the faithful observance of which so
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? HAMILTON.
193
deeply interests the people of the United States. Surely,
the state of New-York, with its capital and its frontier
posts (on which its important fur trade depends) in the
hands of the British troops, ought to take care that noth-
ing is done to furnish a pretext on the other side, even for
delaying, much less for resisting the execution of the trea-
ty. We may imagine that the situation of Great Britain
puts her under the necessity, at all events, of fulfilling her
engagements, and cultivating the good-will of this country
This is, no doubt, her true policy; but when we feel that
passions make us depart from the true dictates of reason--
when we have seen that passion has had so much influence
in the conduct of the British in the whole course of the
war--when we recollect that those who govern them are
men like ourselves, and alike subject to passions and re-
sentments--when we reflect, also, that all the great men
in England are not united in the liberal scheme of policy
with respect to this country, and that in the anarchy
which prevails, there is no knowing to whom the reins of
government may be committed--when we recollect how
little in a condition we are to enforce a compliance with
our claims--we ought certainly to be cautious in what
manner we act, especially when we in particular have so
much at stake, and should not openly provoke a breach of
faith on the other side by setting the example.
An important distinction is not sufficiently attended to.
The fifth article is recommendatory; the sixth positive,--
there is no option on the part of the particular states, as
to any future confiscations, persecutions, or injuries of any
kind, to person, liberty, or property, on account of any
thing done in the war. It is matter of discretion in the
states, whether they will comply with the recommenda-
tions contained in the fifth article; but no part of the sixth
can be departed from by them, without a direct breach
of public faith and of the confederation. The power
25
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? 194
THE LIFE OF
of making treaties, is exclusively lodged in congress. That
power includes whatever is essential to the termination of
the war and to the preservation of the general safety.
Indemnity to individuals in similar cases, is an usual stipu-
lation in treaties of peace, of which many precedents are
to be produced.
Should it be said that the associations of the people
without legal authority do not amount to a breach of the
public faith; the answer is, if the government does not
redress them, and prevent their having this effect, it is as
much a breach as a formal refusal to comply on its part.
In the eye of a foreign nation, if our engagements are bro-
ken, it is of no moment whether it is for the want of good
intention in the government or for want of power to re-
strain its subjects. Suppose a violence committed by an
American vessel on the vessel of another nation upon the
high seas; and, after complaint made, there is no redress
given, is not this an hostility against the injured nation,
which will justify reprisals?
But, if I am not misinformed, there are violations going
on in form of law. I am told that indictments continue to
be brought under the former confiscation laws, in palpable
infraction, if true, of the sixth article of the treaty; to
which an immediate stop ought, no doubt, to be put.
It has been said by some men that the operation of this
treaty is suspended till the definitive treaty: a plain sub-
terfuge. * Whatever is clearly expressed in the provision-
al or preliminary treaty, is as binding from the moment it
is made as the definitive treaty, which in fact only de-
* Madison Papers, vol. 1, p. 444. Yet Madison says, "Mi. Hamilton ac-
knowledged that he began to view the obligation of the provisional treaty in
a different light, and in consequence, wished to vary the direction of the
commander-in-chief from a positive to a preparatory one; as his motion on
the Journal states. "--The real motive to that proposed variance has been suf-
ficiently shown.
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? HAMILTON.
195
velops, explains, and fixes more precisely what may have
been too generally expressed in the former. Suppose the
British should now send away not only the negroes, but
all other property, and all the public records in their pos-
session belonging to us, on the pretence above stated;
should we not justly accuse them with breaking faith? Is
not this already done in the case of the negroes who have
been carried away, though founded upon a very different
principle, a doubtful construction of the treaty, not a de-
nial of its immediate operation. In fine, is it our interest to
advance this doctrine, and to countenance the position,
that nothing is binding till the definitive treaty, when there
are examples of years intervening between preliminary
and definitive treaties?
Sir Guy Carleton in his correspondence has appeared to
consider the treaty as immediately obligatory, and it has
been the policy which I have preferred, to promote the
same idea. I am not indeed apprehensive of a renewal of
the war, for peace is necessary to Great Britain; I think
it also most probable her disposition to conciliate this coun
try will outweigh the resentments which a breach of our
engagements is calculated to inspire. But with a treaty
which has exceeded the hopes of the most sanguine, which
in the articles of boundary and of the fisheries is even bet-
ter than we asked, circumstanced as this country is with re-
spect to the means of making war, I think it the height of
imprudence to run any riski Great Britain, without re
commencing hostilities, may evade parts of the treaty.
She may keep possession of the frontier posts. She may
obstruct the free enjoyment of the fisheries. She may be
indisposed to such extensive concessions in matters of com-
merce as it is our interest to aim at. In all this she would
find no opposition from any foreign power, and we are
not in a condition to oblige her to any thing.
If we imagine that France, obviously embarrassed her-
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THE LIFE OF
self in her finances, would renew the war to oblige Great
Britain to the restoration of our frontier posts, or to a
compliance with the stipulations respecting the fisheries,
(especially after a manifest breach of the treaty on our
part,) we speculate much at random. Observations might
be made on the last article which would prove that it is
not the policy of France to support our interests there.
Are we prepared, for the mere gratification of our re-
sentments, to put these great national objects at hazard--to
leave our western frontier in a state of insecurity--to re-
linquish the fur trade, and to abridge our pretensions to
the fisheries?
Do we think national character so light a thing, as to be
willing to sacrifice the public faith to individual animosity?
Let the case be fairly stated. Great Britain and Ameri-
ca, two independent nations at war--the former in pos-
session of considerable posts and districts of territory be-
longing to the latter, and also of the means of obstructing
certain commercial advantages in which it is deeply inter-
ested.
It is not uncommon in treaties of peace for the uti possi-
detis to take place. Great Britain, however, in the present
instance stipulates to restore all our posts or territory in
her possession. She even adds an extent not within our
original limits, more than a compensation for a small part
ceded in another quarter. She agrees to readmit us to a
participation in the fisheries. What equivalent do we
give for this? Congress are to recommend the restora-
tion of property to those who have adhered to her, and
expressly engage that no future injury shall be done them
in person, liberty, or property.
This is the sole condition on our part where there is not
an immediate reciprocity, (the recovery of debts and liber-
ation of prisoners being mutual;) the former indeed is only
declaring what the rights of private faith, which all civil-
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? ITAMILTON.
197
ized nations hold sacred, would have dictated without it,
and stands as the single equivalent for all the restitutions
and concessions to be made by Great Britain. Will it be
honest in us to violate this condition, or will it be prudent
to put it in competition with all the important matters to
be performed on the other side? Will foreign nations be
willing to undertake any thing with us or for us, when
they find that the nature of our government will allow no
dependance to be placed upon our engagements?
I have omitted saying any thing of the impolicy of in-
ducing, by our severity, a great number of useful citizens,
whose situations do not make them a proper object of re-
sentment, to abandon the country, to form settlements that
will hereafter become our rivals, animated with a hatred to
us which will descend to their posterity. Nothing, however,
can be more unwise than to contribute, as we are doing, to
people the shores and wilderness of Nova Scotia, a colony,
which, by its position, will become a competitor with us,
among other things, in that branch of commerce on which
our navigation and navy will essentially depend--I mean
the fisheries, in which I have no doubt the state of New
York will hereafter have a considerable share.
To your excellency I freely deliver my sentiments, be-
cause I am persuaded you cannot be a stranger to the
force of these considerations. I fear not even to hazard
them to the justice and good sense of those I have the hon-
our to represent. I esteem it my duty to do it, because the
question is important to, the interests of the state, in its re-
lation to the United States.
Those who consult only their passions, might choose to
construe what I say as too favourable to a set of men who
have been the enemies of the public liberty; but those for
whose esteem I am most concerned, will acquit me of any
personal considerations, and will perceive that I only urge
the cause of national honour, safety, and advantage. We
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THE LIFE OF
have assumed an independent station, we ought to feel and
to act in a manner consistent with the dignity of that
station.
I anxiously wish to see every prudent measure taken to
prevent those combinations which will certainly disgrace
us, if they do not involve us in other calamities.
Whatev-
er distinctions are judged necessary to be made in the
cases of those persons who have been in opposition to the
common cause, let them be made by legal authority, on a
fair construction of the treaty, consistent with national
faith and national honour.
P. S. --Your excellency will have been informed that
congress have instructed General Washington to garrison
the frontier posts, when surrendered, with the three years
continental troops. This is more for the interest of the
state than to have them garrisoned at its particular ex-
pense; and I should wish that permanent provision might
be made on the same principles. I wait to see whether
any continental peace establishment for garrisons will take
place, before I engage the consent of congress to a sepa-
rate provision. I cannot forbear adding a word on the
subject of money. The only reliance we now have for
redeeming a large anticipation on the public credit, already
made and making for the benefit of the army, is on the tax-
es coming in. The collection hitherto is out of all propor-
tion to the demand. It is of vast consequence at this
juncture that every thing possible should be done to for-
ward it. I forbear entering into details which would be
very striking on this subject. I will only say, that unless
there is a serious exertion in the states, public credit must
ere long receive another shock, very disagreeable in its
consequences, &c. "
It has been observed that the territorial controversy be-
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? HAMILTON.
199
tween New-York and the people of Vermont had remain-
ed, at the commencement of this congress, unadjusted.
Congress had never acted with decision on this subject.
New-England, with the exception of New-Hampshire, was
in favour of the disaffected party. Some of its leading men
denied the right of congress to interfere; most doubted
the expediency. The four states south of New-York also
favoured their pretensions. She was only sustained by
the southern states--jealous of the east--unwilling to ad-
mit into the union another small state to enjoy equal politi-
cal weight, and to have a voice in respect to their western
claims. But New-York entertained no doubt of her rights,
and looked with extreme jealousy on any interference with
them. Several individuals who acknowledged their alle-
giance to her had been banished by Vermont, and their es-
tates confiscated. This procedure was brought before
congress on the fifth of December, by a resolution second-
ed by Hamilton, declaring it to be "highly derogatory to
the authority of the United States, and dangerous to the
confederacy;" requiring restitution of the confiscated
property, and pledging themselves to enforce it. After
several proposed modifications, it passed. The only object
of this resolution was to prevent hostile collisions until
the question of jurisdiction should be settled, or at least
until the termination of the war. But the enforcement of
it would be extremely difficult in a country of mountains
and defiles, by troops, most of whom were from the eastern
states, and all averse to such a conflict. When Hamilton
proposed this resolution, he had recently taken his seat in
congress, and was uninformed of the diversity of the views
entertained by its members on this subject. As soon as
he ascertained the true position of the question, he wrote
to Clinton suggesting a compromise. The governor repli-
ed that the prevailing opinion of the state was, that a par-
tial compromise would be improper, as congress had en-
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THE LIFE OF
gaged to make a final decision of the controversy. He
thought, however, that if the summit of the mountains
should be designated by them as the boundary, New-York
would submit to it " for the sake of peace. "
Hamilton again adverted to this subject:--
"A few days since I was honoured with your excellen-
cy's letter of the , and was glad to find your ideas
on the subject corresponded with mine. As I shall in a
day or two take leave of Congress, I think it my duty to
give my opinion to the legislature in a matter of impor-
tance to the state, which has been long depending, and
is still without a prospect of termination, in the train in
which it has been placed. I mean the affair of the grants.
It is hazardous to pass a positive judgment on what will
happen in a body so mutable as that of congress; but from
all I have seen, I have come to a settled opinion, that no
determination will be taken and executed by them in any
other manner than in that prescribed by the confedera-
tion. There is always such a diversity of views and inter-
ests, so many compromises to be made between different
states, that in a question of this nature, the embarrassments
of which have been increased by the steps that have pre-
ceded, and in which the passions of the opposite sides have
taken a warm part, decision must be the result of neces-
sity. While congress have a discretion, they will procras-
tinate; when they are bound by the constitution, they
must proceed.
"It is therefore my opinion that it will be advisable for
the legislature, when they meet, to revive the question, and
either to relinquish their pretensions to the country in dis-
pute, or to instruct their delegates, if a decision is not had
within a limited time, to declare the submission to con-
gress revoked, and to institute a claim according to the
principles of the confederation. It would be out of my
province to discuss which side of the alternative ought, in
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? HAMILTON. 201
policy, to prevail; but I will take the liberty to observe,
that if the last should be preferred, it would be expedient
to remove every motive of opposition from private claims,
not only by confirming in their full latitude, previous to the
trial, the possessions of the original settlers, but even the
grants of the usurped government. It may happen that it
will be eventually necessary to employ force; and in this
case, it would be of great importance that neither the in-
habitants of the grants, nor powerful individuals in other
states, should find their private interest in contradiction to
that of the state. This has already had great influence in
counteracting our wishes, would continue to throw impedi-
ments in the way of ulterior measures, and might at last
kindle a serious flame between the states.
"I communicated to your excellency in a former letter,
that I had declined pressing the application of the legisla-
ture to congress respecting the state troops for garrison-
ing the frontier posts, because temporary provision had
been made in another way, which would save the state
the immediate expense; and because there was a prospect
of some general provision for the defence of the frontiers,
on a continental establishment, which was to be preferred
on every account. A report for this purpose is now be-
fore congress, but the thinness of the representation has for
some time retarded, and still retards its consideration.
The definitive treaty has not yet arrived, but from accounts
which, though not official, appear to deserve credit, it may
daily be expected. A gentleman known and confided in
has arrived at Philadelphia, who informs that he saw a
letter from Dr. Franklin to Mr. Barkely, telling him that
the definitive treaties were signed the seventh of May, be-
tween all the parties; that New York was to be evacuated
in six months from the ratification of the preliminaries in
Europe, which will be the twelfth or fifteenth of next
month.
26
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? 202 THE LIFE OF
"As it is not my intention to return to congress, I take
this opportunity to make my respectful acknowledgments
to the legislature, for the honourable mark of confidence
conferred upon me by having chosen me to represent the
state in that body. I shall be happy if my conduct has
been agreeable to them. "
During the various progressive steps towards the estab-
lishment of a national revenue, and the adjustment of the
claims of the army, Colonel Hamilton's attention had also
been directed to other matters of permanent interest.
Soon after his appointment as chairman of the military
committee, he took into view a branch of the service,
which, from the amount of the expenditure, its connection
with the comforts of the army, and its previous inefficien-
cy, was a subject of prominent importance--the Quarter-
master-general's Department.
The difficulties attendant upon a proper establishment
for the military supplies, have been frequently adverted
to. While a member of the committee of co-operation,
General Schuyler had, after urging General Greene to con-
tinue at the head of this department, strenuously pressed
the adoption of a plan framed by Hamilton, stating in a
letter to congress, " that the business should be prosecuted
in the most spirited manner, and upon the largest estimate. "
This plan was not adopted; frequent modifications of the
system were made, the last on the twenty-eighth October,
seventeen hundred and eighty-two. This drew from the
quartermaster-general a letter, setting forth the necessity
of a change.
Hamilton framed a new organization, gave to the quar-
termaster-general the appointment of all the officers be-
longing to this department, designated them, defined their
compensation, specified the means of transportation to be
allotted to each rank in the army, and their respective
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? HAMILTON.
203
forage and subsistence, providing checks upon the is-
sues.
In consequence of a letter from the president of the
state of Pennsylvania respecting a peace with the Indians,
he framed a report in which--after reciting that by the
ninth article of the confederation the sole and exclusive
right and power of regulating the trade and managing all
the affairs with the Indians, not members of any of the
states, was in the United States--it was declared that the
superintendence of Indian affairs should be annexed to
the department of war. That there should be an immedi-
ate suspension of hostilities with them, and that four agents,
one for each of four districts, embracing the eastern, nor-
thern, southern, and western Indians, should be appointed
to negotiate treaties. Lest the exercise of this power
should be interpreted into a waiver of any rights, a pro-
viso was added that the preceding measures of congress
shall not be construed to affect the territorial claims of any
of the states, or their legislative rights, within their re-
spective limits. *
He also, as chairman of the committee on peace ar-
rangements, sensible of the great importance of arranging
the executive departments, drew a report in relation to the
department of foreign affairs- f
It provided that the secretary of that department should
be considered as the head of the diplomatic corps. To re-
move any doubts which may have existed as to the nature
of the office, it was declared to be his duty to lay before
congress such plans for conducting the political and com-
mercial intercourse of the United States with foreign na-
tions, as might appear to him conducive to their interest.
He was to be entitled to the same salary and allowances as
were provided for a minister at a foreign court, and to
? April 21.
t May 8.
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THE LIFE OF
have an official secretary to be nominated by himself, to
receive the same compensation as a secretary of an em-
bassy. The compensation of each minister was also spe-
cified. He was to be invested with consular powers, and
to be at the same time consul-general in the country
where he resided; having the control of all vice-consuls
or inferior commercial agents, but not to be at liberty to
engage directly or indirectly in any traffic. Vice-consuls
were to be appointed without salaries, but with permission
to trade.
The secretary of foreign affairs, in order to carry this
plan into effect, was directed to prepare and lay before
congress an ordinance for regulating the consular powers
and privileges, and a plan of a convention to be entered
into with foreign powers for that purpose.
A proposition was also at this time introduced* which
has a grateful aspect amid the serious responsibilities inci-
dent to war.
During the previous year, General Schuyler offered a
resolution in the legislature of New-York to secure copy-
rights to authors and publishers. A recommendation was
now made to the states to secure this right for fourteen
years, renewable for a similar term.
Hamilton had, at an early period, expressed the opinion,
that in " the existing constitution an army was essential to
the American union. " It was not less important as a se-
curity against foreign aggression, than as a necessary mean
of preserving domestic tranquillity.
It has been seen that he had invited Washington to com-
municate his views as to a peace establishment. A reply
was received from him, containing a memorial and sugges-
tions from different officers of the general staff, and re-
minding congress of the necessity of occupying the posts
* By Dr. H. Williamson.
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? HAMILTON.
205
the moment they were evacuated. In his late letter to the
governor of New-York, Hamilton had informed him that
a report of a plan for a continental peace establishment
was then before them. The draft of this report, in his
hand, exists among his papers. It was prefaced by the
following important observations.
"Before any plan with propriety can be determined for
a military peace establishment, it is necessary to ascertain
what powers exist for that purpose in the confederation.
"First--By the fourth clause of the sixth article it is de-
clared, that no vessels of war shall be kept up by any state,
in time of peace, except such number only as shall be
deemed necessary by the United States, in congress assem-
bled, for the defence of such state or its trade; nor shall
any body of forces be kept up by any state in time of
peace, except such number only as in the judgment of the
United States, in congress assembled, shall be deemed re-
quisite to garrison the posts necessaiy for the defence of
such state.
"Secondly--By the fifth clause of the ninth article, the
United States, in congress assembled, are empowered gene-
rally (and without mention of peace or war) to build and
equip a navy, to agree upon the number of land forces,
and to make requisitions from each state for its quota, in
proportion to the number of white inhabitants in each
state, which requisition shall be binding; and thereupon the
legislature of each state shall appoint the regimental offi-
cers, raise the men, and clothe, arm, and equip them in a
soldier-like manner, at the expense of the United States;
and the officers and men so clothed, armed, and equipped,
shall march to the place appointed, and within the time
agreed on by the United States, in congress assembled.
"Thirdly--By the fourth clause of the same article, the
United States are empowered to appoint all officers of the
land forces in the service of the United States, excepting
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? 206
THE LIFE OF
regimental officers, to appoint all officers of the naval
forces, and to commission all officers whatever in the ser-
vice of the United States, making rules for the govern-
ment and regulation of the said land and naval forces, and
directing their operations.
"It appears to the committee that the terms of the first
clause are rather restrictive on the particular states, than
directory to the United States; intended to prevent any
state from keeping up forces, land or naval, without the
approbation and sanction of the union, which might en-
danger its tranquillity and harmony, and not to contravene
the positive power vested in the United States by the
subsequent clauses, or to deprive them of the right of
taking such precautions as should appear to them essential
to the general security. A distinction that this is to be
provided for in time of war by the forces of the union, in
time of peace by those of each state, would involve, beside
other inconveniences, this capital one--that when the forces
of the union should become necessary to defend its rights,
and repel any attacks upon them, the United States would
be obliged to begin to create, at the very moment they
would have occasion to employ, a fleet and army. They
must wait for an actual commencement of hostilities before
they would be authorized to prepare for defence, to equip
a single regiment, or to build a single ship.
"When it is considered what a length of time is requisite
to levy and form an army, and still more to build and equip
a navy, which is evidently a work of leisure and of peace,
requiring a gradual preparation of the means, there cannot
be presumed so improvident an intention in the confeder-
ation, as that of obliging the United States to suspend all
provision for the common defence until a declaration of
war, or an invasion. If this is admitted, it will follow that
they are at liberty to make such establishments in time of
peace as they shall judge requisite to the common (safety.
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? HAMILTON.
207
"This is a principle of so much importance in the appre-
hension of the committee to the welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it will, in their opinion, be proper to ad-
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shall declare a different interpretation.
"The committee, however, submit to congress (in con-
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac-
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the several states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
"The committee are of opinion, if there is a constitu-
tional power in the United States for that purpose, that
there are conclusive reasons in favour of federal in pre-
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionally ascertained--territory
appertaining to the United States not within the original
claim of any of the states--the navigation of the Missis-
sippi, and of the lakes--the rights of the fisheries, and
of foreign commerce; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
"Secondly--The fortifications proper to be established
ought to be constructed with relation to each other, on a
general and well-digested system, and their defence should
be calculated on the same principles. This is equally im-
portant in the double view of safety and economy. If
this is not done under the direction of the United States,
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? 208 THE LIFE OF
each state following a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support; that they will be improperly distributed, and
more numerous than is necessary, as well as less efficacious,
of course more easily reduced, and more extensive both in
the construction and defence.
"Thirdly--It happens that, from local circumstances,
particular states, if left to take care of themselves, would be
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum-
stance inconvenient to them and to the United States: to
them, because it would impose a heavy exclusive burden,
in a matter the benefit of which will be immediately shared
by their neighbours, and ultimately by the states at large;
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un-
willing as well as unable to make such effectual provision,
at its particular expense, as the common welfare requires;
because a single state, from the peculiarity of its situation,
will in a manner keep the keys of the United States; be-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be-
tween the whole.
"Fourthly--It is probable that a provision by the Uni-
ted States of the forces necessary to be kept up will be
made upon a more systematic and economical plan, than a
provision by the states separately; especially as it will be
of importance, as soon as the situation of affairs will per-
mit, to establish foundries, manufactories of arms, pow-
der, &c. , by means of which, the labour of part of the
troops applied to this purpose will furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
"Fifthly--There must bo a corps of artillery and engi-
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? HAMILTON.
209
neers kept on foot in time of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential Branch; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in time of peace, as it will be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti-
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
"Sixthly--It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the committee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that some military establish-
ment is indispensable, but that it ought in all respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter submit-
ted, on considerations of economy is less extensive than
proposed by either of them. "
This report contemplated a Peace establishment of four
regiments of infantry, and one of artillery, with two addi-
tional battalions to be incorporated in a corps of engi-
neers, and a regiment of dragoons. Its details will be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a more
certain and a more frugal mode.
